Birth Brain Damage Claim

Barry Arthur James Burnham (By His Mother & Litigation Friend Brenda Coull) V Northamptonshire Health Authority (2004)

The claimant, a 23-year-old man, received £875,000 for the acute brain damage sustained during his birth in December 1980. The claimant suffered from intra-partium hypoxia resulting in cerebral palsy. He could not walk or stand unaided and suffered from impaired upper limb function.

Claimant: Male: Newborn at date of accident; 23 years old at date of settlement.

Clinical Negligence: On 6 December 1980, the claimant's mother (M) went into labour with the claimant and was admitted to the defendant's hospital. The claimant was the second born of twins. Following an episiotomy, the first twin was born in good condition, however, a vaginal examination revealed the claimant was in transverse lie with his arm and shoulder presenting. After further complications, the claimant was born by assisted breech in a poor condition and required resuscitation.

The claimant sustained injury and brought an action against the defendant alleging that an obstetrician at the defendant's hospital had ruptured the sac of the claimant, believing it to be the sac of his twin, thereby exposing the claimant to the risk of cord prolapse and/or compression, and resulting in intra-partium hypoxia.

Liability disputed.

Injuries: The claimant sustained acute brain damage and mixed cerebral palsy as a result of his condition at birth.

Effects: The claimant suffered from predominantly dyskentic cerebral palsy and had a major and permanent motor dysfunction. The claimant had a significant range of physical disabilities that included being unable to walk or stand unaided, which resulted in him being permanently wheelchair bound. The claimant's upper limb function was also significantly impaired.

The claimant's expressive communication was severely limited and he also found both feeding and eating difficult. The claimant required extensive physiotherapy and speech therapy in order to maximise his potential. The claimant had been unable to obtain employment as a result of his injuries.

Prognosis: The claimant's cerebral palsy was permanent and his life expectancy was estimated to be 65 years old.
Out of Court Settlement: £875,000 total damages.

Breakdown of General Damages: Parental care and past losses: £65,000.

Background to damages: The claimant's solicitor estimated pain, suffering and loss of amenity to be £200,000. Settlement was reached a few days before trial due to the substantial risk to the claimant. It was the defendant's expert's evidence that he had never seen or heard of the sac of the second twin presenting below the head of the first twin. The claimant was only able to produce literature relating to such incidents from the 1950's and earlier.

QBD (Cox J) 19/1/2004

LTLPI 20/4/2004 (Unreported elsewhere)

Document No.: AM0900713